2015 (12) TMI 72

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..... immaterial to Section 4 of central excise law and that may be material to Income Tax Act, 1962. Therefore, following the ratio laid down by the Apex Court in the case of Baroda Electric Meters Ltd. v. Collector, Central Excise - [1997 (7) TMI 126 - SUPREME COURT OF INDIA] such excess is not liable to duty. Once there shall not be levy as above, levy of duty has unjustly enriched the State. That i .....

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..... f Central Excise Act, 1944 to determine the assessable value. The excess collection being profit in the hand of the appellant is immaterial to Section 4 of central excise law and that may be material to Income Tax Act, 1962. Therefore, following the ratio laid down by the Apex Court in the case of Baroda Electric Meters Ltd. v. Collector, Central Excise - 1997 (94) E.L.T. 13 (S.C.) such excess is .....

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